Supreme Court said the Gujarat government was not competent to decide on the remission of the 11 convicts in the Bilkis Bano case as it struck the order granting pre-mature release. The Maharashtra government, where the trial took place, was the competent authority to decide on this matter, it added.
The top court's verdict comes on Bano's plea which challenged the early release of the convicts who gang-raped her and murdered members of her family during the 2002 Gujarat Riots. The apex court noted that the May 2022 order, which said the Gujarat government could decide on a plea for remission even though the trial took place in Maharashtra was obtained by "playing fraud" on court and suppressing material facts.
The top court said the 11 convicts have been beneficiaries of an invalid order since August 10, 2022 and directed their surrender to the appropriate jail authorities within two weeks. “Allowing the convicts to remain out of prison will amount to giving an imprimatur to invalid orders,” the top court said. “It is the Court's duty to correct arbitrary orders at the earliest and to retain the foundation of trust of the public,” it added.
“Rule of law must prevail,” the court said.
“We hold that deprivation of liberty is justified,” it said adding, “They have lost their right to liberty once they were convicted and imprisoned. Also, if they want to seek remission again, it is important that they have to be in jail.”
The Supreme Court said the 11 convicts can approach the Maharashtra government with a fresh plea for remission.
Gujarat government acted in tandem with the convict: Supreme Court
In a scathing indictment of the state government, the Supreme Court said Gujarat usurped powers from Maharashtra in granting early release. It was an instance of abuse of discretion, the bench led by Justice BV Nagarathana said.
All August 10 2022 orders (granting early release to the 11 convicts) “are stereotyped and cyclostyled”, the court said.
The top court said the May 2022 order—which said the Gujarat government was competent to decide on remission pleas even though the trial took place in Maharashtra and paved the way for early release—was “obtained by fraud”. The favourable order was obtained based on the suppression of facts and misleading information, the bench observed.
Gujarat government acted in tandem with the convict when it failed to file a review plea against May 2022 order, the top court said. “…it was this very apprehension which led this Court to transfer the trial out of the State...,” the court noted.
“This is a classic case where the order of this court was used to violate the rule of law by granting remission,” the court noted.
Also Read: Bilkis Bano Case: Convicts Enjoyed 1000-Day Paroles, CBI Opposed Release
Convicts Played Fraud on Court: Bano to SC
The top court’s verdict comes on a batch of six pleas that challenged the premature release of the 11 convicts. The premature release of the 11 convicts caused a furor in society. Ex-civil servants also wrote an open letter to the Chief Justice of India condemning the premature release of 11 life convicts. The letter implored the Supreme Court to overturn the Gujarat government's remission order and send the convicts back to jail. The staff at IIM-Bangalore also wrote to the CJI in Bano's support.
The first plea was filed by CPI (M) leader Subhashini Ali, journalist Revati Laul, and Professor Roop Rekha Verma a week after the 11 convicts walked out of jail on August 15, 2022. The trio argued that “no right-thinking authority applying any test under any extant policy would consider it fit to grant remission to persons who are found to have been involved in the commission of such gruesome acts”.
Bano moved the top court challenging the remission and the top court’s May 2022 order that paved the way for their release. The May 2022 order was given on an appeal filed by convict Radheshyam Shah. Bano, in her plea said Shah "concealed" relevant facts and "deliberately played fraud" with "an intention to mislead" the Supreme Court to "procure a favourable order" including keeping mum on the nature of the crime for which he was convicted.
In her plea, Bano further contended that the Gujarat government has shown an “exceptional level of leniency and non-application of mind” in this matter. She further argued that the en masse release has shaken the conscience of the society.
